- (1.) The petitioner has preferred this revisional application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 challenging the order dated 09.02.2015 passed by learned Judicial Magistrate, Dubrajpur, Birbhum in connection with complaint case no. C- 02/2014, by which learned Magistrate refused to return the seized J. C. B. Machine to the petitioner pending final decision of the criminal case.
(2.) The petitioner is the registered owner of J. C. B. Machine bearing No. WB-40Q-6191. The Prodhan of Nakraconda Gram Panchayat in the district of Birbhum submitted application before the Block Land and Land Reforms Officer, Khayrasole, Birbhum for excavating earth from a tank appertaining to Plot No. 140, Khatian No.1, J. L. 57 of Mouza Sahebpur under Block Khayrasole in the district of Birbhum. On January 27, 2014 the Block Land and Land Reforms Officer, Khayrasole, Birbhum granted permission to the Prodhan of Nakraconda Gram Panchayat for using the said tank temporarily for agricultural purpose for the Ravi Season in the interest of poor people of the locality. The Prodhan of Nakraconda Gram Panchayat issued work order in favour of M/s. Mosaraf Hossain on February 6, 2014 to start the work after taking necessary instruction from the Job Assistant of the Gram Panchayat and to execute an agreement in this regard within a period of seven days from the date of receipt of the letter. On February 7, 2014 Mosaraf Hossain engaged the present petitioner for excavation work with J.C.B. Machine. It is alleged that the Forest Officers seized the J. C. B. Machine when the petitioner was excavating earth from Plot No.140 of Mouza Sahebpur. On February 9, 2015 the petitioner prayed for return of the seized J. C. B. Machine from the court of learned Magistrate at Dubrajpur, but learned Magistrate refused to return the seized J. C. B. Machine to the petitioner pending final decision of the criminal case.
(3.) By filing supplementary affidavit the petitioner has brought on record the petition of complaint which was filed by the Forest Officer before the court of learned Judicial Magistrate at Dubrajpur. The contents of the petition of complaint disclose that on February 8, 2014 at about 12-30 P. M. one J. C. B. Machine was found excavating earth and doing mining activities within the forest area under Khayrasole Block in the district of Birbhum. It is alleged in the said petition of complaint that the Forest Officer seized the J. C. B. Machine and two bi-cycles and number of mineral stones, but the driver of the J. C. B. Machine fled away when the driver was asked to take the J. C. B. Machine to Khayrasole Beat Office for safe custody. It is alleged in the said petition of complaint that the J. C. B. Machine was used for committing offence under the Forest (Conservation) Act, 1980 and offence under Section 63 of the Indian Forest Act, 1927 and under Rule 407 of the West Bengal Forest Produce Transit Rules, 1959 and also under Section 3 of the P.D.P.P. Act, 1984.;